4 resultados para two eggs on one prey

em Archive of European Integration


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Twenty years after the split of Czechoslovakia, expert analysts from the Czech Republic, Slovakia and the UK shed light on the political geography of this part of Central Europe in an extended three-part Commentary. The end points in the Euro-Atlantic integration processes of the successor states may be similar, argue the authors, but the journeys have been very different. Recent experience would suggest that in terms of EU politics, the Slovaks will be rather passive whilst the Czechs might be a little more troublesome. On the domestic front, the political discourse and competition in both states will largely revolve around the question of competence and corruption.

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The relationship between employer and worker is not only obligatory but above all, as Sinzheimer said, a ‘relationship of power’. In the Digital Age this statement is confirmed by the massive introduction of ICT in most of the companies that increase, in practice, employer’s supervisory powers. This is a worrying issue for two reasons: on one hand, ICT emerge as a new way to weaken the effectiveness of fundamental rights and the right to dignity of workers; and, on the other hand, Spanish legal system does not offer appropriate solutions to ensure that efficacy. Moreover, in a scenario characterized by a hybridization of legal systems models –in which traditional hard law methods are combined with soft law and self regulation instruments–, the role of our case law has become very important in this issue. Nevertheless, despite the increase of judicialization undergone, solutions offered by Courts are so different that do not give enough legal certainty. Facing this situation, I suggest a methodological approach –using Alchourron and Bulygin’s normative systems theory and Alexy’s fundamental rights theory– which can open new spaces of decision to legal operators in order to solve properly these problems. This proposal can allow setting a policy that guarantees fundamental rights of workers, deepening their human freedom in companies from the Esping-Andersen’s de-commodification perspective. With this purpose, I examine electronic communications in the company as a case study.